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MOLNAR v. CONSECO MEDICAL INS. CO.

No. 1-04-0821.

830 N.E.2d 800 (2005)

358 Ill. App.3d 418

294 Ill.Dec. 388

David MOLNAR, Plaintiff-Appellee and Cross-Appellant, v. CONSECO MEDICAL INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

June 9, 2005.

Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon LLP, Chicago (Bart T. Murphy and R. Michael McCann, of counsel), for Appellant.

Foote, Meyers, Mielke & Flowers, LLC, Geneva (Craig S. Mielke and Craig D. Brown, of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

In both 1981 and 1995, David Molnar had surgery to implant and replace an artificial left hip, necessitated by a childhood injury and severe arthritis. In May 2000, after his original insurer had gone out of business, Molnar purchased a health insurance policy from Conseco Medical Insurance Company (Conseco) that included the following "Exception Endorsement":

"NO BENEFITS WILL BE PAID UNDER THIS CERTIFICATE...

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